Privacy Policy

Five Guys JV Ltd – Privacy Policy

This is the privacy policy for the customers of Five Guys JV Ltd. The purpose of this policy is to inform you on how we collect and use your data when you visit our Five Guys restaurants, access our website or use our associated apps.

At Five Guys, we are strongly committed to protecting your personal information. As such, this policy also aims to inform you on what your rights are in relation to your data and how you can exercise these rights.

  1. Who We Are
  2. What Personal Data We Collect
  3. How We Use Personal Data
  4. Legal Basis for Collecting Personal Data
  5. How Do We Protect Personal Data
  6. How Long We Keep Personal Data
  7. Who We Share Personal Data With
  8. International Data Transfers
  9. Cookies
  10. Your Rights
  11. Contact Information
  12. Policy Changes

Who We Are

We are Five Guys JV Limited, and are the data controller for the personal data which we collect from you at Five Guys restaurants, and when you use the Five Guys website and associated apps. Five Guys JV Limited is a limited company registered in England and Wales with registered number 8185191 and VAT registered number 150178823.

Our registered office is Units 2-3, 1 Bard Road, London, W10 6TP.

What Personal Data We Collect

We collect your personal data when you use our website and app, when you place an online order with us, when you visit our stores, and when you interact with our social media accounts.

Data we collect when you use the Five Guys website and app:

  • If you are using the “Find Food” feature, your postcode and GPS location,
  • If using Guest Checkout, your name, e-mail, and telephone,
  • If registering an account, your name, e-mail, telephone, address, and password,
  • Your food, beverage, and topping choices from our delicious menu,
  • Your restaurant choice, what date, and time you wish to collect your order,
  • Your debit/credit card details if you choose to use a payment card,
  • Your Google Pay and Apple Pay data if you choose to pay through these services,
  • Your browsing data, including your login details and order basket,
  • Your vehicle data if you choose “Curbside Pickup” when ordering

Data we collect when you consent to analytics cookies for our website and app:

  • Time of visit, pages visited and how long you spend on each page,
  • Previous and subsequent websites you visit,
  • Version and type of web browser, browsing device and operating system,
  • Network location and IP address,
  • Other first-party cookies stored on your device.

Data we collect when you visit our restaurants:

  • If you choose to order at our restaurants, your payment information,
  • Your static or moving imagery via CCTV.

How We Use Personal Data

Information on how we use your personal data, along with the types of data we use and why we need to use this data have been listed below:

Legal Basis for Collecting Personal Data

We will only use your personal data where we have a legal basis to do so. Where we use your data, the legal basis for doing so will be one of the following:

  • Entering into or performance of a contract with you: We may need to process your data to enter into and perform a contract with you. For example, you will need to provide your payment details to place an order with us. You are not obliged to provide us with your personal data, however failing to do so may mean that we cannot enter into or perform a contract with you.
  • Your consent: We may use and retain your personal data if we have your consent to do so. For example, you may consent to our analytics cookies when using our website and app. You can withdraw your consent at any time.
  • Our legitimate interests: We have a legitimate interest as a business in processing your data. These include protecting and administering our business, maintaining accurate records of orders, helping customers locate our restaurants, administering accounts and helping customers place orders easily, maintaining accessibility and functionality of our website and app, sending customers marketing communications and relevant advertising, protecting our customers and staff, maintaining health and safety standards, responding to customers on social media, notifying customers of any changes to our products, services and our organization, protecting our business from loss and protecting our customers by detecting or preventing fraud.
  • Our legal obligations: In some instances, we have a legal obligation to use or retain your personal data. For example, we may receive a court order that requires us to share your personal data with the authorities. In these instances, you have no direct obligation to us to share your personal data, and may choose not to do so.

How We Protect Personal Data

We are strongly committed to keeping your personal data safe and secure. As such, we employ real-time monitoring and undertake regular security reviews to ensure your data is not altered, misused, lost or destroyed.

To ensure your data is protected, we have implemented technical measures such as encryption, and organizational measures such as training our staff and limiting who has access to your data.

How Long We Keep Personal Data

We may store personal data in digital or hard copy format in one of our restaurants, head offices, storage facilities or data centres.

We keep your personal data for as long as we have a need to do so. For example, we may keep your data to service your pending orders from our restaurants, meet our accounting obligations or manage legal claims. If we no longer require your data for a specified purpose, we will either delete it or anonymise it. When we anonymise your data, this makes the data unidentifiable as to whom it originally belonged to.

Who We Share Personal Data With

We share your personal data amongst entities within the Five Guys family, and with third party companies providing services to us. Your personal data may be:

  • Transferred to other Five Guys JV Ltd Entities
    We may share personal data with other Five Guys group entities where necessary for administrative and support services.
  • Transferred to third party organisations that provide services to us
    We use third party information technology companies to support us in providing our services to you, and to help provide, run and manage our internal administrative systems. For example, we use service providers for payment systems, identity management, website hosting and management, data analysis, data back-up, security and storage services.
  • Transferred to government agencies and/or regulators
    We may also transfer your data to government agencies or regulators to adhere to any legal requirements.

International Data Transfers

As Five Guys is an international organization, we may process, transfer and store your data outside the European Economic Area (“EEA”).

Where your data is transferred to external parties, we will always undertake reasonable steps to ensure that third party data policies meet EEA legislation, and have EU approved contractual provisions in place to ensure your data is protected. Where your data is transferred outside of the EEA (i.e. the United States), it will always be transferred with adequate security mechanisms which protect data to the same standard as within the EEA, allowing you exercise the same rights over your data.

Cookies

A cookie is a small file stored in your computer when you use our website and app. We use cookies to personalise your experience and to improve our range of products and services. When you visit fiveguys.co.uk, www.fiveguys.fr, www.fiveguys.de and www.fiveguys.es or use our iOS or Android app, we use essential cookies to carry out basic functions such as remembering your menu choices and saving your account for logging in faster.

When you use our website and app, you can also choose to accept or decline analytics cookies. By giving permission to use analytics cookies, you allow us to provide a more personalised experience to you.

You can delete any of the cookies we use at any time.

For further information regarding how our website and associated app uses Cookies, please refer to our Cookie Policy

Your Rights

You have a number of rights with regards to your personal data. A list of these rights and how you may exercise them has been included below:

Your Rights

Rights to Access Personal Data and Right to Data Portability: You have the right to access your personal data at any point, and may make a request to do so either verbally or in writing. You also have the right to data portability, meaning you may request to receive your personal data in a standard use, machine readable format.

Right to Rectification of Personal Data: You have the right to request us to rectify any inaccurate or incomplete personal data we may have on you. If you make this request, we will update your personal data with the correct information provided.

Rights to Objection, Restriction and Erasure of Personal Data: You have the right to restrict how your data is being used, and the right to request us to delete your personal data.

Right to Withdraw Consent: We do not generally process personal data based on consent (as we can usually rely on another legal basis) but in any circumstan ces in which we do, you may withdraw your consent at any time.

Right to be Informed: You have the right to be informed about how we collect, use and retain your data, which is why we have set out this information within this policy. If you would like further information regarding your data, you may contact us at any time.

Rights Against Automated Decision-Making and Profiling: At Five Guys, we do not use automated decision-making or profiling.

Exercising These Rights

To exercise any of these rights, please send an email to personaldata@fiveguys.co.uk, providing your name and contact details. Depending on your request, we may ask for further confirmation of your identity or additional information to fulfil your request.

The Right to Complain to the ICO

If you wish to make a complaint to us about how we use or retain your personal data, please send an email our Data Protection Officer at personaldata@fiveguys.co.uk. You also have the right to lodge a complaint with the data protection authority. The relevant authority for the UK is the Information Commissioner’s Office (ICO). If you wish to file a complaint with the ICO, you may find the following information helpful: https://ico.org.uk/make-a-complaint/

Contact Information

If you have any questions about this privacy statement or have a question, comment or complaint about our use or retain your personal data, please send an email to our Data Protection Officer at:

personaldata@fiveguys.co.uk

Policy Changes

This is the latest version of our privacy policy, and is in effect as of the “Last Update” date which may be found at the top of the statement. As we may change this policy from time to time, you should check here regularly for the most up-to-date version. The privacy policy can be found on our company websites fiveguys.co.uk, www.fiveguys.fr, www.fiveguys.de and www.fiveguys.es)